TMEP 1109.11(c): Date of Execution

October 2017 Edition of the TMEP

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1109.11(c)    Date of Execution

If the statement of use was executed before the stated dates of use, the examining attorney must require that the statement be re-executed.  See TMEP §903.06(a) regarding apparent discrepancies between dates of use and execution dates, and TMEP §§903.04 and 1109.09(a) regarding amendment of the dates of use.

If the statement of use is filed more than one year after the date of execution, the examining attorney will require a substitute verification or declaration under 37 C.F.R. §2.20 stating that the mark is still in use in commerce. See 37 C.F.R. §2.88(k); TMEP §804.03.